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tv   U.S. Senate Sen. Cardin on Iran War Powers Resolution  CSPAN  February 13, 2020 1:09am-1:24am EST

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of military force or a declaration of war by congress. this is consistent with the president's desire to keep us out it is consistent with the vision of our founding fathers by requiring express consent from the bicameral legislature and with the conviction the american people who sons and daughters lay down their lives to defend us get a say in the matter president trump wants to make america great again and i stand with him the military-industrialan complex once you make america great again i stand against that making america great britain again would keep the legislative branch out of power.
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asked what our constitution allows her with the president once we have to support this resolution. >> thank you mr. president i take this time for those that support the joint senate resolution 68 we will be voting on tomorrow the resolution introduced by senator kane i want to acknowledge his long-standing commitment to the united states senate two can't carry out our constitutional responsibilities for the use of military force that is left solely with the congress of the united states we have a responsibility to speak to that authority. in the last congress with senator flake the efforts on the senate foreign relations committee was the effort to bring us together of the aumf
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because we have seen successive administrations using military from congress so joint resolution 58 is aimed at one specific conflict to come together to act on this resolution with the use of force in iran and is very specific as to say unless specifically authorized by declaration of war or for the use of military force against iran there is no authority to use against iran. so certainly for legitimate reasons the president can use force to defend ourselves in an attack. that is how all of us proceed
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and qualify in the case of an urgent situation. why do we need the resolution passed now quirks there is a heightened sense of tension between the united states and iran that has been building for some time certainly the qassem soleimani action of the us military action in which general qassem soleimani was killed. he was the leader of the brute force that iran taken out by us military with a heightened tension between the united states and iran. congress had the sole responsibility to commit troops to combat in article one section eight of the constitution congress has the power to declaread war this isn't a decision made by the
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president but by congress. our founders were very concerned about having the appropriate e balance between the executive branch of the legislative branch called checks and balances we do not run a monarchy we wanted to make sure that there was sufficient support before war was declared international security interest the congress and president and american people are altogether in the effort with that war against another country the use of military should always be last resort always exhaust other means before america initiates more with the use. of military force. this priority that rests in congress was tested in the vietnam war the result of the tonkin resolution was passed by congress during the vietnam
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conflict in the early stages to give the president the authority to use force to defend our military against attackss coming from vietnam. it was never intended to lead us into an act of prolonged war but it was used by successive administrations for the war in vietnam. i think historians would agree that was in abuse of the interpretation of the authorization that it was never intended for operations in vietnam. but it was used for that purpose. so congress in 1973 took action to make sure this would never happen again they did this with the war powers act that was passed by strong bipartisan votes it was vetoed
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and congress would override the veto because we knew it was our responsibility to commit our troops to battle so what does the war powers act require? firstsu consultation with both congress by the president, with congress with every possible instance committing troops to war that's the exact language. then has to be reporting within 48 hours in situations that it is clearly indicated by the circumstances. and third it requires an end of military action every 60 days so congress can provide a declaration of war to continue
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the use of military force so why do that if we have the war powers act? like vietnam with the constitutional powers of congress to say he has certain authorities that go well beyond what was intended in the constitution or the war powers act. now let me get to general qassem soleimani for a moment he was killed january 2nd of 2020 in baghdad. he is an evil person who caused the death of so many different people a person who is not missed in this world the president trumps actions violated all three of the provisions of the war powers act passed in 1973 tried to
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prevent this type of circumstance that happened in vietnam to happen again. first was there an imminent threat that allowed the president to make this decision without congressional authorization? we had been through this i will not talk about what was presented in the classified briefing but it is fair to say that we were not presented with the documentation at all there was an immediatehr threat against america africa the president has not made the case. we have heard public comments made by officials they did not know about specific threats at that time. so the war powers act was violated because there wasn't an imminent threat before the present use military action now we know this is been in place for some time as an
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operation could that could have been given to the president to respond to iranian action so there is plenty of time to consult with congress before the military action there was no prior consultation with congress. a second violation of the war powers act. third with the removal of troops within 60 days the president has not submitted nor does he intend to submit to congress in authorization for use of military force or declaration of war and clearly does not intend to do it. for by his own statements he said he will use force again against iran if he believes it is justified in his determination of justification is not what congress intended when it passed the war powers m act 1973.
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even more urgent the present claims he has authorization from congress and said maybe we don't have that inherent power but we have specific authorization previously passed by congress that allows us to use military action against iran so let me go through the two authorizations that are still used by presidents first the authorization for use of military force from 2000 to. this is the authorization to go after iraq i will say i voted against this authorization is that there is no evidence iraq was involved in, our country 2001 i didn't think there was evidence of that. so i oppose that resolution in theof house of representatives. that resolution says the use of force will defend the
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security of the united states against the continuing threat posed by iraq. we are talking about iran. not iraq conceivably to use the 2002 authorization to claim he had authority to go after anti- media general. i can't figure that out for the life of me. then we have the fallback of the 2001 then we have the fallback of the 2001 that authorization was passed to use all necessary and appropriate force against those nations or persons the plan that we aided a terrorist attack from 9/11 2001.
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manyis used by administration so it goes back will be for president trump with the misuse of the authorization. iran was not involved in the attack in our country so how do you use this authorization to use force against iran cracks it is a total misreading of the authority of congress that they never intended from 19 years ago to be intended it would be used as it is today. it is a total misuse of the authorization by congress. in regards to iran today, there is no a umf, we do not have the authorization
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the president has already shown he will act and not comply with the war powers act likely to use force again leading to a military engagemen engagement. that is a possibility. we need to pass joint senate resolution number 68 it is specific to iran there is no congressional authorization. and just as importantly if he wants to use the military he must seek prior authorization from congress as envisioned in the constitution of the united states to protect us against imminent threat. congress has the constitutional powers my generation paid a heavy price because of the vietnam war
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without the voice of the united states congress giving a specific authorization or to have a president exceed his i urge my colleagues to support the senate joint resolution 68. >> when the senate begins its debate with the war powershe act we are considering whether to do our duty to the constitution. the debate over war powers is bigger than any one senator or president or political party. the debate over war powers was a fundamental constitutional debate and that the founding fathers were clear the power to declare war lies in the legislature. the executive is a branch most prone to war

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